False 498a

1. When you have been disowned; staying in the same home means connivance, The courts would not take such things lightly.

2. Yes

3. No.

4. Depends on many factors.

Regards,

Shonee Kapoor

www.sahodar.in 

Thank you so much sir for sharing your thoughts, sir one more question I have regarding disown - 

1) I'm residing in delhi but disown notice printed in "Amrit" India newspaper of haryana.

Will it be consider? Or it is must to have notice in same state newspaper where person residing.

Thanks,

Sandeep.

Dear Sir,

1. Such publishing of notice is not going to help you; it shows connivance and nothing else.

2. Disowning now does not impact the merits of the case in Delhi. Delhi High Court has come down heavily on such practises and imposed fines in this regard. Read the observation of the court in this regard.

Delhi High Court – Preeti Satija vs Raj Kumari And Anr. on 15 January, 2014

Often, sons move out, or transfer properties or ownership rights, or shares in immovable properties, at the hint of trouble or discord with their wives, in favour of their relatives. Likewise, the parents of the husband often in such cases “disown” them after the son moves out from the common or “joint” premises owned by either or both his parents, when there is outbreak of marital discord. Courts have to be cautious in their approach, while entertaining and short circuiting suits for possession, which are in effect directed against the plaintiffs’ daughter-in law, or else the right of residence in shared households would be a mere chimera, a teasing illusion which the law grandly promises, but is seldom, if ever, able to enforce.

Please remain wary of these procedures, which can cause losses in your cases.

Regards,

Shonee Kapoor

www.sahodar.in

Sir,

Kindly please advice what I need to do in order to prevent mine family from false cases, Usually my mother fall sick due to this problem and she having heart problem as well so i don't want anything happen to her. 

After one-two month, she will come back so I have short period of time to get the things done. She already warned me over the phone call and will try to make thing deteriorated as she came but I have on the recorder on mobile while she was talking on phone so I have one more evidence  soon after I called to her father and discussed your daughter was saying to me he said she is immature that's it. I don't know what they want.

Your experience & suggestion can save us I will be glad if you share points which help me to get out of this situation.

Thanks,

Sandeep

Dear Sir/Mam,

If you please then comments or give advice on the issue:

My wife is quarreling/threatening/blackmailing(fakes of dowry etc) since long time. Now when I taken stand. She & her father  are ready for giving written assurance of any type.

Will this written assurance be sufficient for future or may any legal issue may arise?

Will this should be done on simple stamp paper or affidavit in magistrate office?

or any other way.

Thanks,

Sandeep

Myself (Sandeep) tie a knot with Ragini last year, Later on we came to know her father used to do illegal (ARMS) business and make available & repaired the GUNS, Pistol for "DACOIT" and he got arrested twice in Uttar Pradesh for the same and he spent 1-2 months of period in jailed and also police sealed his shop. Same news printed in newspaper (U.P) next day we have that newspaper also it is available in internet as well. 

                So what?  This is no ground for divorce

Due to not having any source of income my wife and her family member continuously threatening us to file false dowry case and demanding lakhs of money along with asking for the jewelry we had given to them during the marriage to settle down the matter. 

            Where is jewellery.  You are silent about it.

Currently mine wife is pregnant (7 month) and she went to her hometown and can comeback anytime after delivery of baby so to be safe side what more we can do to safe myself and my family.

            You are already advised by your lawyer.

1) Mine parent disowned me (In newspaper - "Amrit India" newspaper) but I'm still living in same home till the time when my wife not comeback afterwards will try to move in rent home. 

Can I live in my own home after disowned? Or do i need to shift in rent room quickly?

                Ha...ha........ ha..... If criminal allegations were so easily wiped out then parents of all dacoits and terrorist would have done this.

                This comic dram is not going to pay doe snot matter where you publish it.

2) Can I apply for "Anticipatory Bail" to avoid Jail?

            Depends upon total facts of the case

3) Can my wife take part in my parent property?    

            No. But none case stop her from residing in any property (irrespective of fact who owns it) where she resided last with you.

4) Do we need to complaint in police/Courts for the same?

            Vague question. No reply shall be given by anyone having smallest sympathy with you.

1) I'm residing in delhi but disown notice printed in "Amrit" India newspaper of haryana.

Will it be consider? Or it is must to have notice in same state newspaper where person residing.

                This is not going to help at all wherever you publish the same.

Dear Sir/Mam,

My wife is quarreling/threatening/blackmailing(fakes of dowry etc) since long time. Now when I taken stand. She & her father  are ready for giving written assurance of any type.

Will this written assurance be sufficient for future or may any legal issue may arise?

Will this should be done on simple stamp paper or affidavit in magistrate office?

Your valuable thoughts can save us from this situation please help.

Thanks,

Sandeep